• Family Tree Documents

Need advise as we are need to apply for a family tree certificate for our grandfathers property. My grandfather had 3 sons and 4 daughters out of which my father is one of the son. Both my grandparents are no more.
After their death the eldest son filed suit for partition but my dad did an out of court settlement and paid the eldest son his share. We have the court order on it too.
My father is now willing to settle his other siblings share and make the property his own. All other legal heirs have no issues provided that my father settles their share. The issue we have now is that the we need to make a family tree to get khata transferred to my fathers name. As we are not in good terms with the eldest son, he is not ready to give any of his documents like aadhar or any ID proof to make the family tree. The only document we have is the court order which we settled few years ago by giving his share.
How can we still go ahead and make the family tree?
Asked 2 months ago in Property Law
Religion: Muslim

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13 Answers

you need his identity documents to make a family tree . you can rely upon court order to prove that he has no share in property . you can use ration card if he is not willing to give aadhar card 

 

documents Required for Family Tree Certificate in Karnataka

  1. Birth certificate.
  2. Identity document: PAN, Aadhar card, ration card, voter card.
  3. Recent passport size photos.
  4. Application form.
  5. Address proof: Voters card, telephone bill, electricity bill.
  6. A Gazetted officer attested and duly signed the bond paper on proforma

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

ask your siblings to intervene in the matter 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

The tahsildar has powers to give notice to the said relatives to provide necessary information. If not given he will pass exparte orders 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

 It's not clear in question regarding the location of the property in India. If it were to be in Karnataka State, you can obtain the Khatha in your father's name by producing the Court order in respect of your uncle and in respect of other legal heirs registered Release/Relinquishment Deed.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

Father can apply for khata in his name 

 

enclose death certificate of grand father 

 

release deed signed by his siblings 

 

latest receipt of payment of property taxes 

 

affidavit for mutation of property in his name 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

This property belonged to your grandfather which devolved on all his legal heirs.

It is reported that your father's elder brother had filed a suit for partition.

your father was a party to the suit.

The partition suit would contain the names of all the legal heirs because all are necessary parties to suit.

Therefore the copy of the plaint itself is a documentary evidence to prove the legal heirs/family tree members of the family of your grandfather. 

Even otherwise, you can prepare an affidavit mentioning the names of all the legal heirs of your grandfather and get this affidavit notarised under the affidavit for family tree certificate, that will solve the purpose. 

It is not essential to mention their aadhar card number or any other identity proof of all the members accommodated in the family tree certificate. 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

You do not have to beg him to produce the documents to you for this purpose.

You can use the court order containing the name of the parties who are all the legal heirs of your grandfather to proved the relationship in the family tree affidavit.

 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

On the basis of the said documents in your possession you can prepare an affidavit duly notarised giving the details of the members of the family of your deceased grandfather and can apply for khata accordinlgy. 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Since you have the requisite documents, go to Bangalore One and submit all the original documents for scanning and for onward submission to BBMP to obtain Katha. The original documents will be immediately returned to you after scanning in Bangalore One office. If in case family tree is essential, get a notarised family tree, without having to contact your uncle.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

Yes they are enough 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

1. You shall have to avail the legal heir certificate from the Tehshilder or Ward Councilor of your area.

 

2. While issuing the legal heir certificate, the Tehshilder or the Ward Councilor will ask for an affidavit from your side showing the family tree.

 

3. If the eldest son is not providing his Aadhar Card etc, you can attach the Court order wherein his share has been settled by your father by paying him the cost to get the said certificate of legal heirs.

Krishna Kishore Ganguly
Advocate, Kolkata
26833 Answers
726 Consultations

5.0 on 5.0

Attach the Court order wherein he has been shown as one of the legal heirs to solve the problem.

Krishna Kishore Ganguly
Advocate, Kolkata
26833 Answers
726 Consultations

5.0 on 5.0

1. Your father already possesses the Court orders which shows the names of all the legal heirs.

 

2. Based on the said Court orders, the identity of all the legal heirs can be easily established for which a family tree or legal heir certificate from the Tehshilder or Ward Councilor will not be required.

Krishna Kishore Ganguly
Advocate, Kolkata
26833 Answers
726 Consultations

5.0 on 5.0

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